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MUTUAL OF ENUMCLAW v. MERRILL

88C-10414; CA A62402.

794 P.2d 818 (1990)

102 Or.App. 408

MUTUAL OF ENUMCLAW, a Washington Corporation, Respondent, v. Wilbur MERRILL, Defendant, and Joseph Schutz, Guardian Ad Litem of Amy Marie Merrill, Appellant.

Court of Appeals of Oregon.

Reconsideration Denied September 19, 1990.

Decided July 18, 1990.

Attorney(s) appearing for the Case

Linda C. Love, Lake Oswego, argued the cause for appellant. With her on the briefs was Craine & Love, Lake Oswego.

Cathy E. Smith, Portland, argued the cause for respondent. With her on the brief was Acker, Underwood, Norwood & Hiefield, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Plaintiff liability insurer brought this declaratory judgment action against its insured, Wilbur Merrill (Merrill), and Amy Merrill (defendant), his minor granddaughter. Plaintiff contends that it has no duty to defend or indemnify Merrill in defendant's underlying action against him, in which she alleges that he sexually molested her and thereby caused physical and emotional injuries. Plaintiff argues that Merrill's conduct falls outside...

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